"Once parties consciously invoke the provisions of the Act instead of their personal law, they subject themselves to the mandatory statutory regime enacted by Parliament."
read more"If every omission on the part of an advocate were to be accepted as sufficient compliance with the proviso, the legislative restriction enacted by Parliament
read more"These procedural irregularities are sufficient indications and inferences which would give raise to a presumption as to the complicity of the first accused." Kerala High Court, in
read more"The recovery of the Lathi from an open place after a lapse of nine days from the date of the incident raises a serious doubt."
read more"A litigant can take different stands at different times but cannot take contradictory stands in the same case. A party cannot be permitted to approbate
read more"Trite to say that this Court, while exercising jurisdiction under Articles 226/227 of the Constitution of India, does not sit as a Court of appeal
read more"The concept of an ex post facto or a retrospective clearance is alien to environmental jurisprudence under EIA 1994 and EIA 2006 alike, but that principle
read more"By skipping the first requirement of seeking prior permission to apply for a civil post, an Airman cannot present a situation of fait accompli and
read more"Since the property is in the name of the 2 wives of MA, it is their property." Supreme Court of India, in a significant ruling
read more"The said expression cannot be construed to include a Court exercising appellate jurisdiction, notwithstanding that the appeal is a continuation of the original proceedings." Supreme
read more"The powers entrusted to NCSC are limited in nature. Clearly NCSC and its other compatriots under Articles 338A and 338B are Constitutional Bodies with a socially beneficent
read more"The murder went unavenged, but it is not for the courts to convict the accused on mere assumptions when the evidence led by the prosecution
read more"Non-performance of MGQ at the time of completion of the licence period is not a ground for levying and demanding a penalty, both under the
read more"It was well within the jurisdiction of the police officer to issue a direction for freezing of account of the petitioner as there was a
read more"It is a settled principle that where a remand is made to ensure a complete and fair adjudication, such order should not be interfered with unless
read more"In reference to offence under section 138 of N.I. Act read with section 147 of the said Act, the parties are at liberty to compound
read more"The second limb of the provision acts as a fall-back safety-net to arrest the mischief that it seeks to do... the second limb of Section 34 prohibits
read more"In view of her transfer to Pune, her contention that overnight custody cannot be granted is not acceptable." High Court of Karnataka, in a recent
read more"Defence disclosed in the Leave to Defend Application by the Defendant/Appellant was illusory and did not disclose any substantial defence; it is indeed was sham
read more"The plaintiff, thus, cannot be held to be entitled to refund of the earnest money paid in terms of the agreement, in view of a
read more"The concept of an ex post facto or a retrospective clearance is alien to environmental jurisprudence under EIA 1994 and EIA 2006 alike, but that principle
read more"By skipping the first requirement of seeking prior permission to apply for a civil post, an Airman cannot present a situation of fait accompli and
read more"Since the property is in the name of the 2 wives of MA, it is their property." Supreme Court of India, in a significant ruling
read more"The said expression cannot be construed to include a Court exercising appellate jurisdiction, notwithstanding that the appeal is a continuation of the original proceedings." Supreme
read more"The powers entrusted to NCSC are limited in nature. Clearly NCSC and its other compatriots under Articles 338A and 338B are Constitutional Bodies with a socially beneficent
read more"The murder went unavenged, but it is not for the courts to convict the accused on mere assumptions when the evidence led by the prosecution
read more"Non-performance of MGQ at the time of completion of the licence period is not a ground for levying and demanding a penalty, both under the
read more"The opponent cannot be made to bear the adverse consequences of the wrongful discharge, by being denied consideration for the grant of the Selection Scale
read more"The second part provides for the exclusion of certain vehicles from the definition of the motor vehicle... though the term motor vehicle is wide enough
read more"It is not merely reasonable, but a legal necessity to impose a heightened duty to care, akin to that of common carriers in view of the
read more"To treat the total absence of consultation of the Commission in the present case, as fatal to the promotees’ appointment would cause, exactly the kind of
read more"The life of a human being is till he is alive that is to say till his last breath, which by very nature is one
read more"Order VII Rule 7 CPC authorizes the Court to grant a smaller relief than the larger relief claimed, if entitlement therefor is made out on facts."
read more"Without division of the property by metes and bounds, the question of the right of the plaintiff crystallising would not arise... she would necessarily have to
read more"Interruptions on account of movement, signal loss, battery and storage, limitations of recording equipment, or security considerations during transit are inherent contingencies of road travel,
read more"A plain reading of the provision makes it clear that the right guaranteed thereunder is the right to meet an advocate of choice during interrogation.
read moreAccess to free and competent legal aid is a cornerstone of a democratic society, constitutionally anchored under Article 39A of the Constitution of India and
read more"The right to peaceful protest is an integral facet of democratic expression and professional representation, provided it remains within the boundaries of law and public
read more"Registration is a relevant factor, but it is evidentiary and not conclusive of entitlement to interim possession." Supreme Court, in a significant ruling dated July
read more"A plain reading of the provision makes it clear that the moratorium operates against the corporate debtor alone. No other category, whether it be any
read more"Once parties consciously invoke the provisions of the Act instead of their personal law, they subject themselves to the mandatory statutory regime enacted by Parliament."
read more"If every omission on the part of an advocate were to be accepted as sufficient compliance with the proviso, the legislative restriction enacted by Parliament
read more"These procedural irregularities are sufficient indications and inferences which would give raise to a presumption as to the complicity of the first accused." Kerala High Court, in
read more"The recovery of the Lathi from an open place after a lapse of nine days from the date of the incident raises a serious doubt."
read more"A litigant can take different stands at different times but cannot take contradictory stands in the same case. A party cannot be permitted to approbate
read more"Trite to say that this Court, while exercising jurisdiction under Articles 226/227 of the Constitution of India, does not sit as a Court of appeal
read more"It was well within the jurisdiction of the police officer to issue a direction for freezing of account of the petitioner as there was a
read more"It is a settled principle that where a remand is made to ensure a complete and fair adjudication, such order should not be interfered with unless
read more"In reference to offence under section 138 of N.I. Act read with section 147 of the said Act, the parties are at liberty to compound
read more"The second limb of the provision acts as a fall-back safety-net to arrest the mischief that it seeks to do... the second limb of Section 34 prohibits
read more"In view of her transfer to Pune, her contention that overnight custody cannot be granted is not acceptable." High Court of Karnataka, in a recent
read more"Defence disclosed in the Leave to Defend Application by the Defendant/Appellant was illusory and did not disclose any substantial defence; it is indeed was sham
read more"The plaintiff, thus, cannot be held to be entitled to refund of the earnest money paid in terms of the agreement, in view of a
read more"Purchase created under Section 32 was never intended by the Legislature to operate independent from the remaining provisions of the Act. Rather, the Legislature made
read more"A second anticipatory bail application is maintainable if there is a change in the factual situation or in law warranting interference with the earlier view, or where
read more"Ordinarily, where two suits involving substantially the same subject matter are pending before different Courts of competent jurisdiction, the Court in which the earlier proceeding
read more"A party invoking the equitable jurisdiction of the Court is under a duty to make full and frank disclosure of all material facts, including those adverse to
read more"The conviction on the basis of solitary testimony of the Drug Inspector against any person if allowed to continue, the said authority may have the supreme power
read more"The determination of inter se seniority is based on various factors enumerated in Regulation 3(1)... and not depends merely on the initial date of appointment.
read more"Mere non-compliance of the procedure under Section 52A... will not be fatal to the trial unless there are discrepancies in the physical evidence rendering the
read moreIn the contemporary landscape of the Indian criminal justice system, DNA profiling has transitioned from a "novelty" to the "gold standard" of forensic evidence. However, for
read morePossession is the law’s most practical concept. Before a court reaches the higher question—“who is the owner?”—it often asks the simpler, urgent question—“who is in possession, and
read moreAppreciating evidence in civil litigation requires adherence to strict principles under the Indian Evidence Act, the Code of Civil Procedure (CPC), and binding judicial precedents. Courts
read moreIn the world of law, the doctrine of Res Judicata serves as a cornerstone for upholding judicial efficiency and finality. Res judicata, meaning "a matter already judged,"
read more"Copyright law, a delicate balance of protecting creativity while fostering innovation." – Indian Judiciary- Introduction: Safeguarding Creativity Through the Copyright Act
In a world
read moreIn the Indian legal system, judgments play a crucial role in shaping jurisprudence and guiding future cases. These judgments can be classified into two primary categories: reportable and non-reportable.
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